C. Y. SOMAYAJULU, J. ( 1 ) ALLEGING that the petitioner who is running a dispensary under the name and style of raja Dispensary at Kachiguda and was giving objectionable advertisements, the police launched prosecution against the petitioner under Section 5 of the drugs and Magic Remedies (Objectionable advertisements) Act, 1994 (the Act), which was taken cognizance of by the learned vi Metropolitan Magistrate at Nampally, hyderabad, as CC. No. 917 of 2003. This petition is filed to quash the said proceedings in the said C. C. ( 2 ) THE contention of the learned counsel for the petitioner is that the petitioner is a Registered Medical Practitioner (Ayurveda) vide Registration No. 6502 dated 3-10-1975 and has been practicing medicine from then onwards without any stigma and since there is nothing on record to show that the petitioner had violated any of the provisions of the Act muchless section 5 of the Act, the prosecution against the petitioner is liable to be quashed. Heard the learned Additional Public Prosecutor. ( 3 ) SECTION 5 of the Act lays down that no person carrying on, or purporting to carry on the profession of administering magic remedies shall take any part in the publication of any advertisement referring to any magic remedy which directly or indirectly claims to be efficacious for any of the purposes specified in Section 3. ( 3 ) SECTION 5 of the Act lays down that no person carrying on, or purporting to carry on the profession of administering magic remedies shall take any part in the publication of any advertisement referring to any magic remedy which directly or indirectly claims to be efficacious for any of the purposes specified in Section 3. Section 3 of the Act, which deals with prohibition of advertisement of certain drugs for treatment of certain diseases and disorders, reads :"subject to the provision of this Act, no person shall take any part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for (a) the procurement of miscarriage in women or prevention of conception in women; or (b) the maintenance or improvement of the capacity of human beings for sexual pleasure; or (c) the correction of menstrual disorder in women; or (d) the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the Schedule, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules under this Act: provided that no such rule shall be made except (i) in respect of any disease, disorder or conditions which requires timely treatment in consultation with a registered medical practitioner or for which there are normally no accepted remedies, and (ii) after consultation with the Drugs Technical advisory Board constituted under the drugs and Cosmetics Act, 1940 (23 or 1940) and, if the Central Government considers necessary, with such other persons having special knowledge or practical experience in respect of ayurvedi, or Unani systems of medicines as that Government deems fit. " as rightly contended by the learned Counsel for the petitioner, there is nothing on record to show that the petitioner had made any advertisement, which attracts Section 3 or 5 of the Act. Therefore, the prosecution launched against the petitioner under section 5 of the Act is liable to be and hence is quashed. ( 4 ) THE criminal petition is accordingly allowed.